THE INDIAN POLITY AND GOVERNANCE

MINORITY STATUS IN INDIA IS STATE-DEPENDENT, SAYS SC

THE CONTEXT: Recently, the apex court said , every person in India can be a minority in one State or the other. Minority status of religious and linguistic communities is “State-dependent”.

THE EXPLANATION:

• The court was hearing a petition filed by a Mathura resident, complaining that followers of Judaism, Bahaism and Hinduism, who are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, cannot establish and administer educational institutions of their choice because of non-identification of ‘minority’ at the State level.
• But the court indicated that a religious or linguistic community which is a minority in a particular State can inherently claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution. The court asked whether a specific notification was required.
• This question from the Bench came in response to submissions made by a senior advocates that Hindus residing in certain States were unable to exercise their rights under Articles 29 and 30 in the absence of a specific notification declaring them a minority.
• The petition has argued that the recognition of Muslims, Christians, Sikhs, Buddhists and Parsis nationally by the Centre as ‘minorities’ ignored the fact that religious communities such as Hindus were “socially, economically, politically non-dominant and numerically inferior” in several States.

VALUE ADDITION:

Minorities in India

• They are not explicitly mentioned anywhere in the Constitution.
• Muslims, Sikhs, Christians, Buddhists, Jain and Zoroastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
  • Jains were added to the list in 2014.
• As per the Census 2011, the percentage of minorities in the country is about 3% of the total population of the country.
• The population of Muslims are 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%.

Constitutional provisions:

• Article 29 deals with the “protection of interest of minorities”, and says that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”.
• Article 30, which deals with the “right of minorities to establish and administer educational institutions”, says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Minority for the purpose of Article 30 cannot have a different meaning depending upon who is legislating. Language being the basis for the establishment of different states for the purposes of Article 30, linguistic Minority will have to be determined in relation to the state in which the educational institution is sought to be established.
  • The position with regard to the religious minorities is similar since both religious and linguistic minorities have been put in power in article 30.
• Article 350 A says there shall be a Special Officer for linguistic minorities to be appointed by the President. “It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this constitution and report to the President upon those matters.”

Who are the minorities who have been notified by the Indian government?

• Currently, only communities notified by the central government under section 2(c) of the NCM Act, 1992, are recognized as minority communities.
• With the enactment of the NCM Act, 1992, the MC was given the status of a statutory body and renamed the NCM.
• The first Statutory National Commission was established in 1993, and five religious communities, namely Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis), were notified as minority communities.
• Jains were also notified as a minority community in 2014.

EXPLAINED: HOW CHIEF MINISTERS’ FOREIGN TRIPS ARE CLEARED, AND BY WHOM

THE CONTEXT: Delhi Chief Minister has questioned why the Centre has delayed the clearance of his trip to Singapore, where he has been invited to attend a World Cities Summit scheduled from July 31- August 3.

THE EXPLANATION:

In October 2019, the Centre had not given him the approval to attend another conference abroad, which he eventually addressed through videoconferencing.

What clearance do Chief Ministers require to travel abroad?

They have to inform the Cabinet Secretariat, which stated in a circular on May 6, 2015: “The Cabinet Secretariat and the Ministry of External Affairs should be kept informed of the proposed foreign visit, either official or private, of Chief Ministers and Ministers of State Governments/Union Territories. However, prior political clearance and FCRA (Foreign Contribution Regulation Act) clearance are mandatory.” In case of Chief Ministers and Ministers of state governments, a copy of the application must also be sent to the Secretary, Department of Economic Affairs (DEA).

What is political clearance?

This comes from the Ministry of External Affairs (MEA). This is required not only for public servants but any government servant for a foreign trip. The MEA gets hundreds of requests for political clearance every month from ministries, secretaries, bureaucrats and other officials.

THE HEALTH ISSUES

WHAT IS THE MARBURG VIRUS, THE EBOLA-LIKE OUTBREAK NOW CONFIRMED IN GHANA?

THE CONTEXT: The first two cases of the Marburg virus, a highly infectious Ebola-like disease, have been confirmed officially by Ghana after test results were verified by a Senegal laboratory.

THE EXPLANATION:

• According to the World Health Organisation, the first case was a 26-year-old male who checked into a hospital on June 26 and died a day later. The second case was a 51-year-old male who went to the hospital on June 28 and died the same day.
• This outbreak is only the second time that the disease has been detected in West Africa.

 What is the Marburg virus disease?

• Marburg virus disease (MVD), earlier known as Marburg haemorrhagic fever, is a severe, often fatal hemorrhagic fever, according to the WHO.
• Marburg, like Ebola, is a filovirus; and both diseases are clinically similar.
• Rousettus fruit bats are considered the natural hosts for the Marburg virus. However, African green monkeys imported from Uganda were the source of the first human infection, the WHO points out.
• It was first detected in 1967 after simultaneous outbreaks in Marburg and Frankfurt in Germany; and in Belgrade, Serbia.
• The disease has an average fatality rate of around 50%. However, it can be as low as 24% or as high as 88% depending on virus strain and case management, says the WHO.

What are the symptoms of Marburg virus disease?

• After the onset of symptoms, which can begin anytime between 2 to 21 days, MVD can manifest itself in the form of high fever, muscle aches and severe headache. Around the third day, patients report abdominal pain, vomiting, severe watery diarrhoea and cramping.
• In this phase, the WHO says, the appearance of patients has been often described as “ghost-like” with deep-set eyes, expressionless faces, and extreme lethargy.
• Between days 5 and 7, patients report bleeding from the nose, gums and blood appearing in vomits and faeces. Severe blood loss leads to death, often between 8 to 9 days after symptoms begin.

How can Marburg virus disease be diagnosed and treated?

It is difficult to clinically distinguish MVD from diseases such as malaria, typhoid fever and other viral haemorrhagic fevers. However, it is confirmed by lab testing of samples, which like Coronavirus and Ebola are extreme biohazard risks.

THE INTERNATIONAL RELATIONS

THE SHANGHAI COOPERATION ORGANISATION AND ITS STATURE IN THE MODERN WORLD

THE CONTEXT: Iran and Belarus could soon become the newest members of the China and Russia-backed Shanghai Cooperation Organisation (SCO). “In the Samarkand summit [in September], we expect the leadership to adopt a document on the obligations Iran must fulfil to gain membership.

THE EXPLANATION:

• The legal procedures of Belarus’s accession are about to start. We need to build consensus on the acceptance of Belarus,” Chinese diplomat and incumbent Secretary-General of SCO, Zhang Ming, stated last week. According to him, the suggested expansion would exhibit the collective’s rising international influence and its principles being widely accepted.

What is the SCO?

• Founded in June 2001, it was built on the ‘Shanghai Five’, the grouping which consisted of Russia, China, Kazakhstan, Kyrgyzstan and Tajikistan. They came together in the post-Soviet era in 1996, in order to work on regional security, reduction of border troops and terrorism. They endowed particular focus on ‘conflict resolution, given its early success between China and Russia, and then within the Central Asian Republics.
• In 2001, the ‘Shanghai Five’ inducted Uzbekistan into its fold and named it the SCO, outlining its principles in a charter that promoted what was called the “Shanghai spirit” of cooperation. The charter, adopted in St. Petersburg in 2002, enlists its main goals as strengthening mutual trust and neighbourliness among the member states; promoting their effective cooperation in politics, trade, economy, research and technology, and culture. Its focus areas include education, energy, transport, tourism and environmental protection.
• It also calls for joint efforts to maintain and ensure peace, security and stability in the region; and the establishment of a democratic, fair and rational new international political and economic order. The precise assertion, combined with some of the member states’ profiles, of building a “new international political and economic order” has often led to it being placed as a counter to treaties and groupings of the West, particularly the North Atlantic Treaty Organisation (NATO).
• The grouping comprises eight member states — India, Kazakhstan, China, Kyrgyzstan, Pakistan, Russia, Tajikistan and Uzbekistan. The SCO also has four observer states — Afghanistan, Iran, Belarus and Mongolia — of which Iran and Belarus are now moving towards full membership.

How is this relevant to India?

• India acquired the observer status in the grouping in 2005 and was admitted as a full member in 2017. Through the years, the SCO hosts have encouraged members to use the platform to discuss differences with other members on the sidelines. It was on such an occasion that Prime Minister held a bilateral meeting with former Pakistani Prime Minister Nawaz Sharif in 2015 in Ufa, and Foreign Minister S. Jaishankar negotiated a five-point agreement with his Chinese counterpart Wang Yi on the sidelines of the Moscow conference in 2020.
• India is also a part of the ‘Quadrilateral’ grouping with the U.S., Japan and Australia. Its association with the grouping of a rather different nature is part of its foreign policy that emphasises on principles of “strategic autonomy and multi-alignment”.

What is the organisational structure?

• The SCO Secretariat has two permanent bodies — the SCO Secretariat based in Beijing and the Executive Committee of the Regional Anti-Terrorist Structure (RATS) based in Tashkent. Other than this, the grouping consists of the Heads of State Council (HSC), the Heads of Government Council (HGC) and the Foreign Ministers Council.
• The HSC is the supreme decision-making body of the organisation. It meets annually to adopt decisions and guidelines on all important matters relevant to the organisation. The HGC (mainly including Prime Ministers) also meets annually to zero in on the organisation’s priority areas and multilateral cooperation strategy. It also endeavours to resolve present economic and cooperation issues alongside approving the organisation’s annual budget.
• The Foreign Ministers Council considers issues pertaining to the day-to-day activities of the organisation, charting HSC meetings and consultations on international problems within the organisation and if required, makes statements on behalf of the SCO.

Is it about countering the West?

• The Council on Foreign Relations (CFR) noted in 2015 that decades of rapid economic growth had propelled China onto the world’s stage, whereas Russia found itself beset with economic turmoil following the Crimean annexation in 2014 and ejection from the G8 grouping.
• Most recently, Russia’s action in Ukraine caused it to be subjected to sanctions on multiple fronts by the West. China, in what could be referred to as ‘distance diplomacy’, had held that security of one country should not be at the expense of another country — blaming the West (specifically referring to NATO) for the entire episode. Thus, the organisation spearheaded by both Russia and China does not find its supporters in the West.
• The Iranian leadership has often stressed that the country must “look to the East”. This is essential not only to resist its economic isolation (by addressing the banking and trade problems on account of U.S. sanctions) from the West, but also find strategic allies that would help it to reach a new agreement on the nuclear program. In other words, using its ties with China and Russia as a leverage against the West. Additionally, it would help it strengthen its involvement in Asia.

 THE PAKISTAN AND IMF TALKS: WHAT LIES AHEAD?

THE CONTEXT: Recently, the staff-level talks between Pakistan and the International Monetary Fund (IMF) concluded for the seventh and eighth review under Extended Fund Facility (EFF). The talks were originally aimed at releasing a tranche of $900 million.

THE EXPLANATION:

Finally, the IMF team reached an understanding with Pakistan to release $1.17 billion, subject to the board’s approval. This brings the total disbursement under the current EFF to $4.2 billion so far, to support policy actions under FY 2023 budget, power sector reforms, and monetary policy to restrain inflation. The latest IMF press release maintains it would consider an extension of the current EFF to end June 2023 and augment the fund amount to $7 billion.

What was the Extended Fund Facility (EFF), and why did the talks take longer to conclude?

• The 39-month EFF between the two was signed in July 2019 to provide funds amounting to Self-Drawing Rights (SDR) — $4,268 million. The EFF was signed by Pakistan to address the medium-term balance of payment problem, work on structural impediments and increase per capita income.
• The IMF placed demands including fiscal consolidation to reduce debt and build resilience, the market-determined exchange rate to restore competitiveness, eliminate ‘quasi-fiscal’ losses in the energy sector and strengthened institutions with transparency.

How important is the IMF support to Pakistan?

• Pakistan’s economic situation is dire. According to the Economic Survey of Pakistan 2022, the fiscal deficit in FY 22 was $18.6 billion, and the net public debt at $252 billion, which is 66.3% of the GDP. The power sector’s circular debt is $14 billion.
• According to the State Bank of Pakistan’s latest report, the current account deficit has peaked to $48.3 billion. The budgeted expenditure outlay for FY 23 states that 41% ($19 billion) of total expenditure will be used in debt servicing.
• The IMF’s support in addressing the above numbers is crucial. According to the latest quarterly report of the Economic Affairs Division, during the financial year 2021-22, the IMF’s contribution to the total external debt (of $9.4 billion), is only $834 million. However, the IMF’s support is not limited to fixing the balance sheet but validates and provides economic confidence to other multilateral institutions.

Why have the Pakistan-IMF relations remained complicated? Will the new government be able to improve the trust deficit?

• Structural reforms require long-term commitment, which has been sacrificed due to Pakistan’s short-sighted political goals; hence the urge to go to the IMF for financial stability has been repeated over time.
• Pakistan has signed various lending instruments with the IMF and sought support from IMF around 22 times. However, only once has a programme been completed. Since the 1990s, the IMF has placed specific demands but were addressed by Pakistan in bits and pieces.
• For example, during the Pakistan People’s Party (PPP) rule in 2008, Pakistan was to implement economic reforms, including improvements in tax administration, removal of tax exemptions as well structural reforms. However, successive governments kept domestic political calculations a priority, then economic reforms.
• The latest EFF was on the verge of collapse, but the ruling coalition government continued its efforts to revive the discussions. To address the structural benchmarks of the IMF, the authorities have worked on specific legislation, for example, the State Bank of Pakistan (SBP) amendment act, and the Finance Bill 2022.

What lies ahead for Pakistan and the IMF?

• Despite the latest agreement, the road ahead for the IMF and Pakistan is not an easy one. Political calculations and the elections ahead will play a role in Pakistan’s economic decision-making.
• In 2019, the Director-General Debt Office of the Ministry of Finance revealed that Pakistan has to pay $31 billion by 2026. Total public debt as a percentage of gross domestic product is expected to increase further.
• There is also a narrative that Pakistan has the fifth largest population with nuclear weapons that cannot be allowed to fail. A section within Pakistan also places the geo-strategic location of the country would provide an edge for cooperation, rather than coercion. Hence, this section believes, the IMF would continue to support.
• Given the IMF’s increased assertion, Pakistan’s political calculations and the elections ahead, the relationship between the two is likely to remain complicated.

THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

Q. Consider the following statements in respect of Bharat Ratna and Padma Awards

1. Bharat Ratna and Padma Awards are titled under Article 18(1) of the Constitution of India.
2. Padma awards, which were instituted in the year 1954, were suspended only once.
3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.

Which of the above statements are not correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

ANSWER FOR 18^TH JULY 2022

ANSWER: B

EXPLANATION:

• All the elected members of the Upper and Lower Houses of Parliament participate in the election
• A vote cast by each MP or MLA is not calculated as one vote. There is a larger vote value attached to it.

1. Footprints on sand The Pandemic of Offence READ MORE
2. Unwritten norms of civil society READ MORE

1. A grim outlook for the rice crop READ MORE
2. India’s climate imperative: For public pressure to drive climate action, we need to consider climate catastrophes as largely man-made READ MORE

1. Population and prosperity: Govt must focus on women’s education and health to control population growth READ MORE
2. Robots need our guidance READ MORE
3. Why India needs a new law to combat the deaths of workers in sewers and septic tanks READ MORE

1. Pegasus Row: Why Initial Global Outrage Didn’t Translate into Appetite for Accountability READ MORE
2. Amit Shah’s new ministry is more of the same. Cooperatives must not depend on govt READ MORE
3. Growth and welfare: Populism might mean different thingsto different people at different times READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Panel set up to make MSP system more effective, transparent READ MORE
2. Minority status of religious, linguistic communities is State-dependent: SC READ MORE
3. Yield inversion, soft-landing and reverse currency wars: A glossary for the troubled global economy READ MORE
4. WHO Confirms First Two Cases of Deadly Marburg Virus in Ghana READ MORE
5. Heavy rain triggered 10,000 landslides in Maharashtra in July 2021: Study READ MORE
6. Gene transfer enhances insect survival, says study READ MORE
7. MHA gets first spot in national e-governance service delivery assessment READ MORE
8. Leaders vow for security, stability in Middle East at Jeddah summit READ MORE

Main Exam

GS Paper- 1

1. A grim outlook for the rice crop READ MORE
2. Population and prosperity: Govt must focus on women’s education and health to control population growth READ MORE
3. Robots need our guidance READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Pegasus Row: Why Initial Global Outrage Didn’t Translate into Appetite for Accountability READ MORE
2. Amit Shah’s new ministry is more of the same. Cooperatives must not depend on govt READ MORE
3. Growth and welfare: Populism might mean different thingsto different people at different times READ MORE

SOCIAL ISSUES

1. Why India needs a new law to combat the deaths of workers in sewers and septic tanks READ MORE

INTERNATIONAL ISSUES

1. Not on the same page READ MORE
2. Institutions hold key to better ties: Indo Australian ties have grown over time and are now poised to become even more stronger despite china READ MORE
3. Preparing for the presidency: India must not lose G20 opportunity READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Macroeconomic care a must to shore up rupee READ MORE
2. SDG push in extraordinary times READ MORE

ENVIRONMENT AND ECOLOGY

1. India’s climate imperative: For public pressure to drive climate action, we need to consider climate catastrophes as largely man-made READ MORE

SECURITY

1. Drug trafficking: Recent seizures reveal mounting challenges READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Footprints on sand The Pandemic of Offence READ MORE
2. Unwritten norms of civil society READ MORE

Questions for the MAIN exam

1. ‘The spirit of cooperation is more important than establishing a ministry to look after cooperatives’. In the light of the statement, discuss whether the ministry for cooperatives in executive overreach?
2. For a rising India, stability a in the Middle East is crucial, but this goal does not align with I2U2 members whose policies are based on checking Iran and China. Critically analyse the statement in the light of the recent I2U2 summit.

QUOTATIONS AND CAPTIONS

• A six-word formula for success is: Think things through, then follow through.
• The spirit of cooperation is more important than establishing a ministry to look after cooperatives.
• The prohibition in the 2013 legislation has been diluted while a confusing Supreme Court order makes workers in sewers and septic tanks difficult to get compensation.
• Even if the government cannot manage a complete prohibition on the manual cleaning of sewers and septic tanks, it can still deploy the law to deter deaths and guarantee justice for the families of workers who die during hazardous cleaning.
• The geological and hydrological factors and anthropogenic disturbances in the region complemented the biological factors to initiate a landslide.
• More than the law, the police must first put an end to the practice of reflexively arresting first and then fishing for a possible offence.
• Joe Biden’s recent trip to the Middle East highlights the emerging trends in the region’s diverse political and strategic orientations. Diplomatic realism in Delhi means India can realise its potential in the region.
• Government policies must direct robots and AI into areas that have the least long-term harm to society.
• In a democracy, there are bound to be differing perspectives on major transformative changes.

50 WORD TALK

• States can tap into the Union government’s resources, financial and technological, from early warning meteorological systems to centrally sponsored climate schemes. MGNREGA funds can be used for climate adaptation in agriculture, waste management and livelihoods. States could make compensatory payment to local self-government resources being used for climate adaptation.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 291]

THE CONTEXT:In the recent past various State governments have passed bills to take away the powers of the Governor as the chancellor of the State universities, driven by the opinion that the Governor’s role in State-run universities needs to be minimized. Apart from Tamil Nadu, the governments of West Bengal, Maharashtra and Kerala have expressed concerns over the Governors’ excessive intervention in the functioning of State universities.The area of conflict here is the appointment of vice-chancellors and the functioning of universities. This article analyses the issue which adds another potential flash point in the Governor – State government relations.

THE HISTORY OF THE ISSUE

• The practice of appointing the Governor as ex-officio chancellor of universities dates to the pre-Independence era. The foundation was laid down in the dispatch of Sir Charles Wood in 1854 to the court of directors described as ‘The Magna Carta of English Education’ in India.
• This document led the Court of Directors to deliberate that it was perhaps time to establish Indian universities modelled on the London University. Consequently, the universities of Calcutta, Bombay and Madras were established in 1857. These universities like the university back in London consisted of a chancellor, vice-chancellor and a senate. The Governor-General of British India was the chancellor of Calcutta University and the Governors of Bombay and Madras headed their State universities.
• After Independence, whenever a State university is established, it is done with the help of legislation passed by the State assembly. The statute unequivocally incorporates this vestigial provision of making the Governor of that State its ex-officio chancellor. And this is why the Governor, to date, exercises the power to appoint vice-chancellors. However, what we need to note is that post-Independence, the Governor is a constitutional functionary.

THE RECENT AMENDMENTS AND DEVELOPMENTS

TAMIL NADU

• The Tamil Nadu Universities Laws (Amendment) Act, 2022, substitutes the expression “chancellor” in the original Act with “government” with regards to both appointment and removal of VCs. The Bills seeking to amend the process of appointment of VCs in the State universities underline that “every appointment of the vice-chancellor shall be made by the government from out of a panel of three names” recommended by a search-cum-selection committee.
• A separate bill to amend the Chennai University Act, 1923 [Chennai University (Amendment) Act, 2022], with similar intent, was passed by the House.Currently, the Governor, in his capacity as the chancellor of State universities, has the power to pick a VC from the shortlisted names. The bills also seek to empower the State government to have the final word on the removal of VCs, if needed.
• Removal will be carried out based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary.

MAHARASHTRA

• In December 2021, the Maharashtra Assembly passed a bill amending the Maharashtra Public Universities Act, 2016.
• Under the original Act, the Maharashtra government had no say in the appointment of VCs. If the changes take effect, the Governor will be given two names to choose from by the State government.

WEST BENGAL

• In 2019, the West Bengal government reduced the Governor’s authority in appointing VCs to State universities. The government issued a gazette notification West Bengal State Universities (Terms and Conditions of Service of the Vice Chancellor & the Manner and Procedure of Official Communication) Rules, 2019; that abolished the chancellor’s secretariat, reduced the chancellor’s role in choosing vice-chancellors, took away his power to convene meeting of the highest bodies of the universities or take action against vice-chancellors.
• The new rules also Stated that in case of appointment of the vice chancellor of a university, the chancellor shall maintain the order of preference of names placed before him,” as against when the government used to send three names to the governor who was free to choose any one. The rules were notified in the name of the Governor since he is the constitutional head of the State.
• In June 2022, the State Legislative Assembly passed the West Bengal University Laws (Amendment) Bill, which seeks to replace the Governor, with the CM as the Chancellor of State-run universities. Ironically, the Bill will become law only after it receives Governor’s assent.

KERALA

• In December 2021, in an unprecedented move, Kerala Governor asked Chief Minister to take over as the chancellor of the universities, a post held by the Governor in the State, “so that nobody would question the political appointments and interference in the universities”.
• The case was related to the Vice-Chancellor of Kannur University Prof Gopinath Ravindran who was re-appointed for another four years even after issuing a notification for a fresh appointment.

THREE BROAD WAYS OF APPOINTING THE V-Cs IN A STATE UNIVERSITY

DISCRETION OF THE GOVERNOR

• Appointment of the V-C in a State University is the statutory power of the Governor, endowed over him either by any State law or by the statute of the university itself. In such a scenario, the Governor appoints the VC at his discretion after having suggestions by the search committee.
• Eg: Earlier Maharashtra Government had no say in the appointment of the VC and hence the bill was passed in 2021 to take away the statutory power of the Governor although it has not become a law yet.

BY THE COUNCIL OF MINISTERS OF THE STATE

• The VC of a State university is appointed by the Council of Ministers of the State headed by the Chief Minister. The CoM may/may not constitute the search-cum-selection committee for the purpose.
• The Telangana Universities Act, 1991 States that the search committee shall “submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice-Chancellor from out of the said panel”.
• The Gujarat University Act, 1949 also States that “the vice-chancellor shall be appointed by the State government from amongst three persons recommended by a (search-cum-selection) committee”

BOTH THE GOVERNOR AND CoM PARTICIPATE IN DECISION MAKING

• The Governor chooses from a list of potential VCs submitted by the CoM.
• In Andhra Pradesh and Karnataka, the vice-chancellors were appointed by the Governor from the list of three names recommended by the search committee and with the approval of the State government.
• Incident: In April 2022, Karnataka High Court quashed the appointment of Prof KR Venugopal as Vice-Chancellor of Bangalore University. The order Stated that the appointment had been made by the Governor without the concurrence of the State government. The Supreme Court stayed the Karnataka High Court order and the matter is sub-judice.

 ROLE AND POWERS OF THE GOVERNOR AS THE CHANCELLOR OF THE STATE UNIVERSITIES

The Governor of a State is the Chancellor of State Universities including General Universities, Agricultural Universities, Technical Universities, Medical Universities and also Deemed-to-be universities. The Chancellor, by virtue of his office, is a Head of the University and is vested with various powers:

• Appoints the Vice-Chancellors by setting up a search committee, which recommends a panel of names from which he/ she makes the final selection and appointment. Consequently, Chancellor is also vested with the authority to grant leave or institute disciplinary action and award penalties.
• Power to nominate certain members to the Executive Council/ Court of the University.
• Chancellor as the appellate authority has the power to annul decisions of the various university bodies/ authorities which in his view, is against the Act, statutes, ordinances and regulations.
• Power to assent or withhold assent to the statutes and other regulations passed by the Executive Council of the university submitted to the Chancellor for assent.
• Power to hear memorandum and representation of the employees and students.
• Power to take final decisions on election disputes with regard to the representation in different bodies of the universities and managing committees of its colleges.
• Power to nominate experts in the appointment of teachers of various categories in the university.
• Power to preside over the convocation of the university and meeting of its Court/ Senate.
• In order to draw the attention of the Government and streamline the academic session and improve the standard of University Education, convenes review meetings of Vice-Chancellors and concerned ministries.
• The Chancellor shall have also such other power as may be conferred on him by or under Act or the Statute.

IN THE CASE OF CENTRAL UNIVERSITIES

• Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
• With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as a Visitor.
• The Vice-Chancellor too is appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
• The Act adds that the President, as Visitor, shall have the right to authorise inspections of academic and non-academic aspects of the universities and also to institute inquiries.

ROLE OF UNIVERSITY GRANTS COMMISSION

• Education comes under the Concurrent List, but coordination and determination of standards in institutions for higher education or research and scientific and technical institutions come under entry 66 of the Union List.
• The UGC plays that standard-setting role, even in the case of appointments in universities and colleges.
• According to the UGC Regulations, 2018, the “Visitor/Chancellor” (mostly the Governor in States) shall appoint the VC out of the panel of names recommended by search-cum-selection committees.
• Higher educational institutions, particularly those that get UGC funds, are mandated to follow its regulations. These are usually followed without friction in the case of central universities but are sometimes resisted by the States in the case of State universities.

 THE NEED FOR SUCH LAWS BY STATE LEGISLATURES

LACK OF CONSULTATION

• The tradition for the Governor to appoint the vice-chancellors in consultation with the State government is witnessing a change in the recent past.

ADMINISTRATIVE IRREGULARITIES

• The inability of the elected government to appoint a vice-chancellor of its own university was causing various irregularities in the overall administration of the varsity.

POWER CLASH

• Governors should not be vested with the powers that were not mentioned by the Constitution (appointing vice-chancellors) as it would lead to a clash of functions and powers between the State government and the Governor.

AT THE BEHEST OF THE CENTRE

• The elected governments have repeatedly accused the Governors of acting as per the wish of the Centre on various subjects, including education.

 OTHER FRICTION POINTS IN GOVERNOR-STATE LEGISLATURE RELATIONS

In recent years, these have been largely about the selection of the party to form a government, the deadline for proving the majority, sitting on Bills, and passing negative remarks on the State administration. For instance:

MAHARASHTRA

• The State government and the Governor were at odds in 2021 regarding the appointment of 12 MLCs as Governor Nominees.
• In 2019 the Governor invited a leader and administered him oath as CM. This government lasted just 80 hours.
• The Governor also stalled the election of a Speaker since the post fell vacant in February 2021.

RAJASTHAN 

• In 2020 when the State cabinet decided to convene the assembly and communicated that decision to the Governor to sign the order of summons, the Governor kept it pending and has kept sending a series of questions to the government seeking clarifications on the agenda of the house, etc.
• There was, thus, arose a question of great significance in relation to the powers and function of the Governor vis-à-vis the elected government of a State and legislature.

KERALA

• In December 2020, Kerala Governor turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.

TAMIL NADU

• The steps taken by the Governor in regard to the NEET exemption Bill and the clemency petition of Mr Perarivalan had created quite a stir in the recent past.

THE ANALYSIS:

Governor is vested with Constitutional as well as Statutory powers and both of his roles have become controversial in the recent past. As the constitutional head of the State, Governor is bound by the advice of his Council of Ministers (CoM) and functions as a vital link between the Union Government and the State Government.In regard to his statutory powers, he is expected to act according to the statute books. The contestation in both these cases arises when he/she inclines toward any political party lines which usually happens when the ruling party at the Centre and the State are different.

The contemporary controversies have mostly been around the issues of selecting the chief minister, determining the timing for proving legislative majority, demanding information about day-to-day administration, taking an apparently long time in giving assent to bills or reserving bills for the President, commenting adversely on specific policies of the State government and exercising powers of the Governor as the chancellor of State universities. The controversies are not new but given that we have a single-party majority government at the Centre, the States have alleged the undue pressure from the Centre.

In the background of present controversies we need to understand that the Governor is the appointed head of the State and not the representative of the people, he cannot be held accountable for the issues of administration and any other disaffection among the people. The present disputes are more or less related to the political contestations and not to the autonomy, accountability and transparency required for academic excellence. Education being in the Concurrent List of the Schedule 7 calls for the cooperative mechanism between the Centre and the States to take the nation forward.

SOME INTERNATIONAL PRACTICES

The selection of vice chancellors ought to be based on the principle of open impartiality and political non-interference which most of the Western countries seems to follow, barring a few. For instance:

• The collegiums of professors elect the vice chancellor in Germany and France.
• The university council elects the vice chancellor.
• In the United States (US), the board of trustees searches and appoints the vice chancellor.

Ø  The government appoints the vice chancellor in Sweden.

VARIOUS COMMITTEE/COMMISSION RECOMMENDATIONS

JUSTICE R.S. SARKARIA COMMISSION (1988)

• It acknowledged the distinction between the Governor’s constitutional role and the statutory role performed as a Chancellor and also underlined that the Chancellor is not obliged to seek the government’s advice.

JUSTICE M.M. PUNCHHI COMMISSION (2010)

• The Commission was quite forthcoming in its 2010 report. Noting that the Governor should not be “burdened with positions and powers… which may expose the office to controversies or public criticism”, it advised against conferring statutory powers on the Governor.

KEY OBSERVATIONS BY THE COURTS VIS A VIS THE STATUTORY POWERS OF THE GOVERNOR

1. The full bench of the High Court of Punjab & Haryana in Hardwari Lal vs G D Tapase (1981) has held that the Governor has an independent existence and the office held by him is statutory in nature as distinct from the constitutional office of the Governor.
2. The Supreme Court has also affirmed in Bhuri Nath vs State of J&K (1997) that when Governors are entrusted with powers derived from statutes in an official capacity, they are not to act on the aid and advice of the council of ministers making a distinction between the two types of offices.
3. Most recently the Supreme Court had in March 2022 made some pertinent, though unrelated to the current dispute, observations while setting aside the appointment of the VC of Gujarat’s SP University by the State government. The court said that “any appointment as a Vice-Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto.” The apex court also held that in case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution.”

THE WAY FORWARD:

1. The recommendations of the Punchhi Commission to save the office of the Governor from any statutory functions not mentioned in the Constitution shall be accepted.
2. President Ramnath Kovind at the 51st Conference of Governors, Lieutenant Governors and Administrators called upon the heads of States to play the role of a friend, a philosopher and a guide to the State government. The persons holding the post of Governor shall act in line with such advice rendered by the President.
3. Governor as a State University Chancellor is in a way result of colonial hangover which shall be done away with. However, State governments should also try to find alternative means of protecting university autonomy so that the governments do not exercise undue influence on the functioning of universities.
4. Appointment and removal of Governor: Venkatachaliah Commission (2002) recommended that the Governor’s appointment should be entrusted to a committee comprising the prime minister, the home minister, the speaker of the Lok Sabha and the chief minister of the concerned State, if Governor to be removed before completion of the term, the central government should do so only after consultation with the Chief Minister.Punchhi Commission (2010) also recommended that the phrase “during the pleasure of the President” should be deleted from the Constitution; Governor should be removed only by a resolution of the State legislature.
5. At times judiciary has also come to the rescue of the office of the Governor and made judgments that in a way were meant to ascertain the dignity of the office like in SR Bommai vs. Union of India, 1994, Rameshwar Prasad Case, 2006 etc. These judicial pronouncements are in a way guiding light for the incumbent persons holding the office of the Governor and should act on wisdom.
6. It goes without saying that unless the Centre and States work based on cooperative federalism principles, the Governors’ position will keep attracting controversies. Hence, both Centre and State need to functions as partners in the development and governance process of the country.

THE CONCLUSION:The insightful and responsible recommendations made by the committees and commissions examining Centre-State relations have created widespread public sensitivity and opinion regarding various wrongdoings of the Centre through the office of the Governor which have proved to be damaging to the essential federal structure in India. There is little doubt that the provision of autonomy to academic institutions is one of the international benchmarks of a good institution, but we need to balance it with our social realities. It will achieve its desired effect only if any transformation goes beyond merely being ornamental or ascertaining the win in a political tussle.

MAINS PRACTICE QUESTIONS:

1. If we want our academic institutions to improve and feature higher in world rankings, we need to think beyond CMs and Governors as chancellors. Comment.
2. Many undesirable actions, from the standpoint of the federal and democratic constitutional systems that Governors often at times engage in, could be the result of the uncertainty of tenure that they suffer from. Critically examine.
3. ‘Constitutional functions of the Governor are different from his/her statutory functions. Hence the Governor can act independently of aid and advice by CoM while performing the latter roles.’ Examine the Statement in light of recent controversies related to the Governor as Chancellors in the State universities.